Confidential
Settlement – $4,000,000Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
J. Gary Gwilliam
(Gwilliam, Ivary, Chiosso, Cavalli & Brewer APC)
Defendant
Experts
Plaintiff
Patrick F. Mason Ph.D.
(technical)
Harry J. Krueper Jr.
(technical)
Robert Haning
(medical)
Anthony Piccione
(medical)
JoAnne Duprat
(medical)
Defendant
Richard Steuart
(technical)
Paul A. Violich
(technical)
Bernard Johnson
(technical)
Kenneth Ziedman
(technical)
Paul Kayfetz
(technical)
Facts
On September 11, 1991, Plaintiff, a 5-year-old girl, was struck by a van while crossing an intersection. Her father witnessed the accident. Defendant driver who was in the course and scope of his employment fled the scene. He later pleaded guilty to felony hit-and-run charges and served 9 months in jail. The driver and the driver's employer as well as the county were named as Defendants.
Settlement Discussions
Plaintiff contends that they demanded $3,000,000 from the county and $1,000,000 (policy limits) from the driver and the driver's employer and Defendant county initially offered $1,000,000 increased to $1,000,000 plus the minor's future medicals. Defendant driver's initial offers, if any, were not disclosed.
Specials in Evidence
$464,000 (minor) approximately $3,000 (father) $65,700 (father) $933,000 (minor) $54,000 (father) $11,000,000 (minor) undetermined (father)
Injuries
Minor: Brain damage; quadriplegia -- all requiring full-time attendant care. Father: Dillon v. Legg emotional distress requiring counseling.
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